Fixed-fee leasehold conveyancing in Chelsea:

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Common questions relating to Chelsea leasehold conveyancing

Expecting to complete next month on a garden flat in Chelsea. Conveyancing solicitors assured me that they report fully tomorrow. Are there areas in the report that I should be focusing on?

Your report on title for your leasehold conveyancing in Chelsea should include some of the following:

  • Does the lease require carpeting throughout thus preventing wood flooring?
  • Does the lease prevent you from letting out the flat, or working from home
  • You should be told what constitutes a Nuisance in the lease
  • You should have a good understanding of the insurance provisions
  • The landlord’s rights to access the flat you be made aware that your landlord has rights of access and I know how much notice s/he must provide.
  • What you can do if a neighbour breach a clause of their lease?
  • What the implications are if you breach a clause of your lease? For details of the information to be included in your report on your leasehold property in Chelsea please enquire of your solicitor in ahead of your conveyancing in Chelsea

    • I own a leasehold flat in Chelsea. Conveyancing and Santander mortgage went though with no issue. I have received a letter from someone claiming to own the reversionary interest in the property. It included a demand for arrears of ground rent dating back to 1993. The conveyancing practitioner in Chelsea who previously acted has long since retired.Do I pay?

    The first thing you should do is contact the Land Registry to make sure that this person is in fact the new freeholder. There is no need to incur the fees of a Chelsea conveyancing firm to do this as it can be done on-line for a few pound. You should note that regardless, even if this is the rightful freeholder, under the Limitation Act 1980 the limitation period for recovery of ground rent is six years.

    I am a negotiator for a reputable estate agency in Chelsea where we have experienced a number of leasehold sales jeopardised due to short leases. I have been given inconsistent advice from local Chelsea conveyancing solicitors. Could you confirm whether the seller of a flat can start the lease extension formalities for the buyer?

    Provided that the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to commence the lease extension process and assign the benefit of the notice to the purchaser. This means that the proposed purchaser need not have to wait 2 years for a lease extension. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or at the same time as completion of the disposal of the property.

    Alternatively, it may be possible to agree the lease extension with the freeholder either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the buyer.

    What are your top tips when it comes to finding a Chelsea conveyancing firm to deal with our lease extension?

    When appointing a solicitor for your lease extension (regardless if they are a Chelsea conveyancing firm) it is most important that he or she should be familiar with the legislation and specialises in this area of work. We recommend that you speak with several firms including non Chelsea conveyancing practices before you instructing a firm. Where the conveyancing practice is ALEP accredited then that’s a bonus. Some following of questions might be helpful:

    • How experienced is the firm with lease extension legislation?
  • What are the charges for lease extension conveyancing?

    • Do you have any top tips for leasehold conveyancing in Chelsea with the purpose of saving time on the sale process?

    • A significant proportion of the delay in leasehold conveyancing in Chelsea can be avoided if you instruct lawyers the minute your agents start advertising the property and ask them to collate the leasehold information which will be required by the purchasers’ conveyancers.
    • The majority freeholders or managing agents in Chelsea charge for supplying management packs for a leasehold property. You or your lawyers should enquire as to the actual amount of the charges. The management information sought on or before finding a buyer, thus reducing delays. The average time it takes to receive management information is three weeks. It is the most frequent cause of delay in leasehold conveyancing in Chelsea.
  • In the event that you altered the property did you need the Landlord’s consent? Have you, for example laid down wooden flooring? Chelsea leases often stipulate that internal structural changes or laying down wooden flooring necessitate a licence from the Landlord approving such alterations. Where you fail to have the consents to hand do not contact the landlord without contacting your conveyancer before hand.
  • If you have had conflict with your freeholder or managing agents it is essential that these are resolved before the property is marketed. The purchasers and their solicitors will be reluctant to purchase a property where a dispute is unresolved. You may have to bite the bullet and pay any arrears of service charge or settle the dispute prior to the buyers completing the purchase. It is therefore preferable to have any dispute settled prior to the contract papers being issued to the buyers’ solicitors. You will still have to reveal particulars of the dispute to the purchasers, but it is better to reveal the dispute as historic as opposed to ongoing.
  • If you are supposed to have a share in the freehold, you should make sure that you are holding the original share certificate. Obtaining a replacement share certificate can be a lengthy formality and delays many a Chelsea conveyancing deal. Where a new share certificate is required, do contact the company officers or managing agents (where relevant) for this as soon as possible.

    • My wife and I have hit a brick wall in negotiating a lease extension in Chelsea. Can the Leasehold Valuation Tribunal adjudicate on premiums?

    if there is a absentee freeholder or where there is dispute about the premium for a lease extension, under the Leasehold Reform, Housing and Urban Development Act 1993 you can apply to the LVT to determine the sum to be paid.

    An example of a Lease Extension matter before the tribunal for a Chelsea residence is 150A Albert Palace Mansions Lurline Gardens in July 2013. The Tribunal determined that the premium payable for the new lease of the subject property was £42,069 This case was in relation to 1 flat. The the number of years remaining on the existing lease(s) was 57.06 years.

    Other Topics

    Lease Extensions in Chelsea